Nursing Home and Elder Care Abuse

Families place loved ones in nursing homes and assisted living facilities trusting that they will be safe and well cared for. Understaffing, poor training and neglect can lead to bedsores, falls, malnutrition, medication errors and abuse.

Our attorneys investigate facility records, staffing and inspection histories to hold care providers accountable and help families protect residents from further harm.

Case Types We Handle

Our Nursing Home and Elder Care Abuse practice includes 15 case types. Select one to learn more.

• Nursing Home NegligenceNursing home negligence involves failures in care, supervision and staffing that harm residents.
• Assisted Living Facility NegligenceAssisted living negligence involves facilities that fail to provide promised supervision and care.
• Elder Physical AbuseElder physical abuse includes hitting, pushing, rough handling and improper restraint of older adults.
• Elder Sexual AbuseElder sexual abuse involves non-consensual contact with vulnerable residents and facility failures to protect them.
• Neglect and Failure to SuperviseNeglect and failure to supervise involve residents left unattended, unassisted or without basic care.
• Bedsores and Pressure UlcersBedsores develop when residents are not repositioned or cared for properly and can lead to serious infections.
• Nursing Home FallsNursing home falls often result from inadequate fall-risk assessment, supervision and assistance.
• Medication Errors in Care FacilitiesMedication errors in care facilities include missed doses, wrong drugs and overmedication.
• Malnutrition and DehydrationMalnutrition and dehydration occur when residents do not receive adequate food, fluids or feeding assistance.
• Unsafe Restraint InjuriesUnsafe restraint injuries result from improper use of physical or chemical restraints.
• Patient Wandering and Elopement InjuriesWandering and elopement injuries occur when residents with dementia leave the facility unsupervised.
• Nursing Home InfectionsNursing home infections include sepsis, pneumonia and urinary infections caused by poor hygiene or delayed treatment.
• Negligent Hiring and StaffingNegligent hiring and staffing claims target facilities that employ unqualified staff or operate with too few caregivers.
• Home Health Aide NegligenceHome health aide negligence involves in-home caregivers who fail to provide safe care.
• Nursing Home Wrongful DeathNursing home wrongful death claims help families when neglect or abuse leads to a resident's death.

Common Causes of Nursing Home and Elder Care Abuse

• Understaffing and inadequate training
• Failure to reposition residents
• Inadequate fall prevention
• Medication administration errors
• Failure to provide food and water
• Physical, emotional or sexual abuse

Injuries and Losses We See

• Bedsores and pressure ulcers
• Fractures from falls
• Dehydration and malnutrition
• Infections and sepsis
• Wrongful death

Residents' Rights and Facility Records

Federal and state laws establish rights for nursing home residents and require facilities to meet care standards. Inspection reports, care plans and staffing records often reveal patterns of neglect. Many admission contracts include arbitration clauses; whether they apply depends on the circumstances.

How We Investigate Nursing Home and Elder Care Abuse Claims

Strong cases are built on evidence gathered early. Depending on the facts, we work to obtain:

• Care plans and resident charts
• Staffing levels and schedules
• State inspection reports and citations
• Incident reports and photographs
• Medication administration records

Who May Be Responsible

More than one party may share responsibility, which can increase the insurance coverage available. Potentially liable parties include:

• Nursing homes and assisted living facilities
• Facility owners and management companies
• Home health agencies
• Individual caregivers

What to Do After an Incident

1. Get a second opinion and needed follow-up care
2. Request copies of your medical records
3. Write down dates, providers and what you were told
4. Keep medication containers and discharge papers
5. Avoid signing releases from the provider
6. Speak with an attorney promptly — special deadlines may apply

Compensation You May Be Able to Recover

Depending on the facts and the law that applies, a claim may include:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain, suffering and emotional distress
• Rehabilitation, long-term care and home modification costs
• Property damage and other out-of-pocket losses

Why Acting Early Matters

Every state sets deadlines for filing injury claims, and claims involving government entities can require formal notice within a much shorter time. Video footage, records and physical evidence can be lost quickly. Speaking with an attorney early protects your options.

How Our Attorneys Can Help

We investigate what happened, deal with the insurance companies, document the full extent of your losses and pursue a fair settlement — and we are prepared to go to court when an insurer will not be reasonable. Personal injury cases are handled on a contingency fee basis: you pay no attorney fee unless we recover compensation for you. Consultations are free and confidential.